4 Actions to Take After an Uber Accident

Posted by Adam R. Leighton on Jun 26, 2020 in Uncategorized | Comments Off on 4 Actions to Take After an Uber Accident Ridesharing services like Uber are a common presence in cities all over the United States, particularly in locales where owning a vehicle can be costly. While Uber may be convenient for many, when the company’s drivers get involved in wrecks, the consequences can be severe for both drivers and passengers. If you were injured in an Uber accident, there are a few actions you can take to determine fault and gain compensation for your injuries. 1. Determine the Extent of the Damage  If your vehicle was struck by an on-duty Uber driver, take the time to determine how serious the damage is and take down the driver’s information. If the driver was signed in to the Uber app, he or she may be covered by the company’s property and medical insurance. Uber’s insurance covers drivers, passengers and other motorists up to one million dollars; however, unless the Uber driver was completely at fault, the company may not offer compensation. 2. See a Doctor  If you discover any injuries hours or days after the accident, such as sudden numbness or spinal pain, you may want to visit a doctor right away to understand how serious these issues are and whether the accident was directly responsible for them. If the doctor determines the wreck is the cause of your pain, you may be covered under Uber’s insurance policy. If your claim is refused, you may want to consider filing a personal injury lawsuit. Remember to obtain copies of your medical reports, including x-rays, as you may need them for court. 3. Contact an Attorney  Filing a lawsuit can be daunting, especially when you have injuries from the accident that limit your energy. Contacting an attorney about your Uber accident can help you understand whether you have a viable case, who was at fault and whether you can sue the company or driver for your medical bills, both now and in the future. 4. Gather Your Information  If you decide to work with a lawyer regarding your Uber wreck, he or she will likely require all the information connected with the accident. Submit the names of witnesses, their contact information, photos of your vehicle and injuries, your doctor’s findings and a police report. These documents may help your attorney strengthen your case and prove who was at fault for the accident. When you are involved in an Uber accident, the resulting property...
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FMLA Benefits

Posted by Adam R. Leighton on Jun 24, 2020 in Uncategorized | Comments Off on FMLA Benefits Excessive absenteeism is grounds for termination in many professions. However, sometimes you have to take time off from work to recover from an illness or injury or to provide care for a family member. How can you meet your obligations without jeopardizing your position and the health insurance that you derive from it? Nearly 30 years ago, the federal government recognized the difficulties that can arise in such a situation. In 1993, it enacted the Family Medical Leave Act. You can qualify for FMLA benefits if you have worked a certain number of hours for your employer for at least 12 months, not necessarily consecutively, and your employer has at least 50 people on the payroll on a regular basis. What Benefits Can You Claim Under FMLA? If your situation qualifies for FMLA benefits, you can claim up to 12 weeks of leave from your job every year. You can use the time off to tend to your own medical condition or that of a close family member, e.g., parents, spouse, children. During the time that you have off, your employer must save your job for you and allow you to return to it after your leave is over. You cannot lose your job for taking FMLA leave, and your employer is not allowed to retaliate against you in other ways for exercising your rights. Your employer must also maintain your health insurance benefits under FMLA. What Are the Limitations to FMLA? Your employer is not required to extend you more than 12 weeks of FMLA leave per year. FMLA only offers you unpaid leave, which means your employer is not necessarily required to pay you for the time you take off. However, if you have paid time off available, you can apply that to your FMLA leave if desired. What Conditions Qualify for FMLA? If you have a serious health condition for which you require time off, you can claim FMLA benefits. You can also claim FMLA if you need to care for an immediate family member with a serious health condition. Only spouses, parents, and children are immediate family members under FMLA, and children generally have to be minors unless their condition prevents them from performing self-care. You can also use FMLA leave following the birth of adoption of a child.Contact our office if you have questions about FMLA and your...
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What are the Medical Malpractice Concerns when Treating a Dog Bite Injury?

Posted by Adam R. Leighton on Jun 21, 2020 in Uncategorized | Comments Off on What are the Medical Malpractice Concerns when Treating a Dog Bite Injury? Experienced Attorney Medical malpractice is a legal description for cases in which a healthcare provider misdiagnoses or improperly treats a patient. As a result of the healthcare provider’s negligence, the patient must cope with the original injury from the dog attack, as well as the issues or conditions that were otherwise avoidable but for the physician’s mistake. The person may suffer far more from the complications than they did from the original dog bite injury. It may require hiring a personal injury law to recover damages from dog owner as well as from the healthcare provider. Medical Malpractice while Treating a Dog Bite Injury In the scenario of a dog bite attack, a doctor may not correctly diagnose the nature or severity of the victim’s injuries, or they may not diagnose the patient at all. A more extreme example is a traumatic brain injury that results from a dog bite attack and which the doctor does not recognize or diagnose. As a result, the patient does not receive the critical and immediate care that they need. When nearly any type of serious injury is left untreated, it can lead to extreme pain, the inability to function in daily life or at work, the loss of memory, emotional instability, and personality changes. If this describes your circumstances, your personal injury lawyer may have already told you that the cost of medical treatment could be included in your claim against the dog’s owner. Medical malpractice takes many forms, even when it comes to dog bite injuries. Here are several common examples: ·         The doctor does not diagnose one or more lacerations to the gums from the dog attack. As a result, a serious infection develops that if left undetected can become life-threatening. The bacteria that is present in a dog’s saliva can wreak havoc when the human body is exposed to it through an open wound. ·         The doctor does not prescribe antibiotics though the patient’s condition warrants it, and another doctor with a reasonable level of skill would prescribe them under the same circumstances. As a result, a serious infection develops that if left undetected can become life-threatening. ·         The doctor does not inform the patient that they must come back for follow-up visits in order to monitor their recovery process. As a result, complications develop that the...
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The Truth About Taxes and Wrongful Death

Posted by Adam R. Leighton on Jun 21, 2020 in Uncategorized | Comments Off on The Truth About Taxes and Wrongful Death A wrongful death lawsuit may seem complicated and the truth is that it can be extremely complex. This is why most plaintiffs seek help from an experienced wrongful death lawyer. If you lost your loved one due to someone else’s negligence, then you may be owed compensation. When you receive your settlement, however, you may be wondering if it is going to be subject to being taxed. The answer might be a little more complicated than you initially thought. Here is what you need to know about the truth and wrongful death taxes. What Does the IRS Say? The IRS considers the settlement or award that you receive to be compensatory. This means that you will not have to pay federal taxes on those damages. If a negligent party is found responsible, then you probably will not have to pay taxes. Now, where it gets complicated it has everything to do with punitive damages. Punitive damages do impact your federal taxes. This is because they are damages that are meant to punish the other party. These are not damages that compensate you. If you receive punitive damages, then you will have to pay a tax on that specific amount of money. It is important that when you receive your award that any punitive damages are listed separately so that you know where to calculate what you owe. In general, however, most wrongful death settlements are not subject to being taxed by the federal government. Are State Taxes Different? Now that you know that wrongful death settlements are normally not taxable by the federal government, you may be curious about state taxes. When it comes to state taxes, every state has its own laws. If you are the recipient, then it depends on where you live. If you are worried about state tax, then you need to talk with a wrongful death attorney in advance. He or she will be able to advise you on your taxes. You know that you deserve compensation after losing a loved one to the negligence of another person or institution. Your next step should be to contact a wrongful death lawyer as soon as possible. Your lawyer can advise you on what type of compensation you can ask for. In addition, a lawyer can help you determine whether you are about to receive a fair settlement. If you are ready to file a claim,...
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How Much My Personal Injury Lawyer Cost?

Posted by Adam R. Leighton on Jun 17, 2020 in Uncategorized | Comments Off on How Much My Personal Injury Lawyer Cost? One of the biggest issues that come up when meeting with a personal injury lawyer for the first time is how much his or her services are going to cost. Every case is unique and will have a unique set of factors that play into the cost, though there are some things to keep in mind when it comes to the cost of a personal injury lawyer. Many Work on a Contingency Fee Basis Personal injury lawyers realize you didn’t ask for your injury and probably weren’t saving up for the possibility of having to pay a lawyer. In a lot of solid personal injury cases, the lawyer works on something called a contingency fee basis. This basically means the lawyer doesn’t ask for any money up front, but will take a percentage of the settlement before the client sees any of the money him or herself. Often times, a contingency fee is around 33%, though it could be higher or lower based on experience, the type of injury, the personal situation of the injured and other factors. There May Be Additional Costs Aside from your lawyer fee, you may have other costs that come up during the course of your case. For example, you have to pay a fee to file your case with the court. If papers are being served to another party, you may have to pay to have that done. There are sometimes other clerical fees as well, which are typically your responsibility. During the course of your case, an investigation may take place. Any investigators will need to be paid for their services. Your lawyer might also consult with professionals who can support your case, and you may have to pay them as well. Some witnesses will also get paid, though it’s not necessarily for testimony, but for time lost preparing for the case and spending that time in court. Some lawyers include these fees in the contingency fee and you pay all at once. Others ask their clients to pay for them as they arise during the case. Speaking with your attorney is the best way to determine these additional costs and whether you’ll need to find the money to pay them. Contacting an AttorneyIf you were injured in an accident, a personal injury lawyer may become your best...
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